52. Attachment of property in custody of court or public officer.- Where the property to be attached is in the custody of any court or public officer, the attachment shall be made by a notice to such court or officer, requesting that such property, and any interest or dividend becoming payable thereon, may be held subject to the further orders of the court from which the notice is issued: Provided that, where such property is in the custody of a court, any question of title or priority arising between the decree holder and any other person, not being the judgment debtor, claiming to be interested in such property by virtue of any assignment, attachment or otherwise, shall be determined by such court.
HIGH COURT AMENDMENTS
ANDHRA PRADESH, MADRAS AND PONDICHERRY.- Add the following proviso as clause (ii) and renumber existing proviso as c1ause (i): “(ii) Provided further that when the Court whose attachment is determined to be prior receives or realises such property the receipt or realisation shall be deemed to be on behalf of all the Courts in which there have been attachment of such property in execution of money decree prior to the receipt of such asset.
Explanation - Priority of attachment in the case of attachment of property in the custody of Court shall be determined on the same principle as in the case of attachment of property not in the custody of Court.” KARNATAKA.- Same as proviso (ii) of Madras except the word “Explanation” in para 2. (30.3.1967).
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